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Human Fertilisation and Embryology Act 1990

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Changes over time for: Cross Heading: Consulting carers etc. in case of adult lacking capacity

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Point in time view as at 31/12/2020.

Changes to legislation:

Human Fertilisation and Embryology Act 1990, Cross Heading: Consulting carers etc. in case of adult lacking capacity is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Consulting carers etc. in case of adult lacking capacityU.K.

Textual Amendments

F1Sch. 3 paras. 15-21 and cross-headings inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 14; S.I. 2009/2232, art. 2(w)

18(1)This paragraph applies in relation to a person who has attained the age of 18 years (“P”) where the person responsible under the licence (“R”) wishes to use P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, in a case where P lacks capacity to consent to their use.U.K.

(2)R must take reasonable steps to identify a person who—

(a)otherwise than in a professional capacity or for remuneration, is engaged in caring for P or is interested in P's welfare, and

(b)is prepared to be consulted by R under this paragraph of this Schedule.

(3)If R is unable to identify such a person R must nominate a person who—

(a)is prepared to be consulted by R under this paragraph of this Schedule, but

(b)has no connection with the project.

(4)R must provide the person identified under sub-paragraph (2) or nominated under sub-paragraph (3) (“F”) with information about the proposed use of human cells to bring about the creation in vitro of embryos or human admixed embryos for use for the purposes of the project and ask F what, in F's opinion, P's wishes and feelings about the use of P's human cells for that purpose would be likely to be if P had capacity in relation to the matter.

(5)The condition referred to in paragraph 16(1)(c) is that, on being consulted, F has not advised R that in F's opinion P's wishes and feelings would be likely to lead P to decline to consent to the use of P's human cells for that purpose.

(6)In relation to Scotland, the references in sub-paragraphs (1) and (4) to P lacking, or having, capacity to consent are to be read respectively as references to P being, or not being, incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent.]

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